What should you do if you get a DUI on Valentine’s Day?

Valentine’s Day is a happy and warm-hearted celebration of love. Many people plan extravagant activities for the holiday. From the perfect candlelit dinner to a picturesque walk at sunset, these can be some of the most memorable times you will ever have in your life. Unfortunately, your plans can turn stressful if you are pulled over for a DUI on Valentine’s Day. The criminal defense lawyers at Murray, Phillips & Gay want you to know what to do if you receive a Valentine’s Day DUI. What to do if you are pulled over for a DUI on Valentine’s Day: Remain […]

The Importance of Estate Planning

Estate Planning includes the legal documents that will help your family manage your health and property after you pass away or become incapacitated. If you do not have these documents available you may be leaving your family confused and scrambling in the event of your illness or death. Like a will, an advance healthcare directive is really important. It designates who you want to make health care decisions for you when you can’t make your own. It also designates what your personal wishes are related to your health care if you are not able to state them yourself. At the […]

COVID-19 Impact on a Delaware DUI

Has COVID-19 impacted the court system in Sussex County, Delaware? It is an unquestionable fact that the COVID-19 pandemic of 2020 has had an impact on the day to day lives of U.S. citizens. Dealing with DUI charges in a normal year is a lengthy, complicated, and often stressful process to go through. Our clients are usually scared, embarrassed, and want it to go away as quickly as possible. The daily COVID updates and new restrictions put in place, have caused our clients to wonder how will this affect my DUI case? Anyone with a conviction of Driving Under the […]

Can Trick or Treat lead to Criminal Charges?

Police records have indicated that on October 31, crime rates tend to spike, more so than any other holiday. No matter if you are after Tricks or Treats, no one wants to have their Halloween ruined by an arrest and criminal charges. Our Delaware criminal defense attorney shares some ways that you can avoid getting into trouble this Halloween. How Can You Prevent Getting Criminal Charges On Halloween? Don’t Drink and Drive. Holidays seem to attract drunk driving, and Halloween is no exception. If you decide to drink at a Halloween party, make sure you have a ride home or a […]

How to get the Most Out of Your Consultation

How do I get the most out of my consultation? Bring all documents that pertain to your case. This will help the attorney know exactly what you have been charged with and what is happening in your case. Before your consultation, write down notes that outline your legal problem and any questions you may have. It is easy to forget details while you are talking with an attorney. Also, the attorney must have all relevant details to know what is important and determine how to move forward on your behalf. It is important that you are honest concerning all your […]

Supreme Court

So what is the final stopping place that is the ultimate authority on Delaware law? The Delaware Supreme Court. As the highest court in the state, the Supreme Court has final appellate jurisdiction in criminal matters and civil final judgments from Superior Court, and certain orders from Family Court and the Court of Chancery. The Delaware Supreme Court has quite a reputation. We have mentioned that the Court of Chancery has a worldwide reputation because so many corporations are incorporated here in Delaware. Well, when a corporation is unhappy with a Chancery decision, it is appealed to the Delaware Supreme […]

Court of Common Pleas

So far we have talked about the Justice of the Peace Courts and Family Court. So now let’s talk about the Court of Common Pleas – sometimes called CCP. The Court of Common Pleas has both civil and criminal jurisdiction. In civil cases, cases with an amount in controversy up to 50,000 can be heard. CCP also handles change of name petitions, habitual motor vehicle hearings and appeals from DMV and JP proceedings. In civil matters like these, there are no jury trials. In criminal cases, CCP has jurisdiction over all misdemeanors except certain drug offenses, all criminal motor vehicle offenses, preliminary […]

JP Court and Family Court

We want to give everyone a baseline knowledge of the main courts in Delaware and the types of cases that each court hears because almost everyone has to deal with a court at some point in their lives. The main courts in Delaware are the JP courts, Family Court, Court of Common Pleas, Superior Court, Chancery Court, and the Supreme Court. Justice of Peace Court JP Court has jurisdiction in civil cases worth 15,000 or less, some criminal misdemeanors, most motor vehicle violations (except felonies) and all landlord/tenant matters. There are no jury trials in JP Court, and you can […]

Superior Court

What happens in Superior Court? Superior Court has statewide original jurisdiction over criminal and civil cases except for equity cases (which is Chancery Court) and domestic relations matters (which is Family Court) For criminal matters, Superior Court has exclusive jurisdiction over all felonies (except those involving juveniles which are heard in Family Court). For civil matters, the court has jurisdiction in cases in value over 50,000. So typically personal injury and medical malpractice cases are handled in the Superior Court. Superior Court also serves as an intermediate appellate court from over 50 administrative agencies, the Court of Common Pleas, and […]

Supreme Court Changes law on Delaware DUI Blood Tests

The U.S. Supreme Court changes the law on DUI blood tests in Delaware DUI cases. The United States Supreme Court appears to have modified its position on whether a police officer needs to obtain a warrant before subjecting a Defendant to a blood test in DUI cases. Previously, the Supreme Court decided in Schmerber v. California, that it was permissible to obtain a DUI blood test without a warrant. Where an officer believed that he was facing an emergency situation and the delay caused by getting a warrant threatened the destruction of evidence, a police officer was permitted to take […]

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